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• u repair, Contractor shall replace such equipment at its own expense with equipment of a quality equal to or better than the damaged equipment. 8. Indemnification. Contractor shall indemnify and hold City, its officers, agents and em- ployees harmless from and against any and all claims, actions, liabilities, costs, including costs of defense, arising out of or in any way related to performance of the Services or other actions or failure to act by Contractor or Contractor's employees, agents, officers and contractors. In the event any such action or claim is brought against City, Contractor shall, upon City's tender, defend the same at its sole cost and expense, promptly satisfy any judgment adverse to City or to City and Contractor jointly, and reimburse City for any loss, cost, damage or expense (including legal fees) suffered or incurred by City. 9. Insurance. Contractor shall maintain in force for the duration of this Contract the insurance coverages specified below. Each policy required by these provisions shall be written as a primary policy, not contributing with or in excess of any coverage which City may carry. A copy of each policy or a certificate satisfactory to City shall be delivered to City prior to commencement of the Work. Unless otherwise specified, each policy shall be written on an "occurrence" form with an admitted insurance carrier licensed to do business in the state of Oregon and shall contain an endorsement entitling City to not less than 30 days prior written notice of any material change, nonrenewal or cancellation. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified below, City shall have the right to require Contractor to increase the Contractor's coverages to the statutory limit for such claims and to increase the aggregate coverage to twice the amount of the statutory limit. The adequacy of all insurance required by these provisions shall be subject to approval by City' Risk Manager. Failure to maintain any insurance coverage required by this Contract shall be cause for immediate termination of this Contract by City. 9.1 Commercial General Liability. Contractor shall maintain a broad form commercial general liability insurance policy with coverage of not less than $1,000,000 combined single limit per occurrence, and an annual aggregate for bodily injury, personal injury or property damage. The policy shall have a contractual liability en- dorsement to cover Contractor's indemnification obligations under this Contract. The policy shall also contain an endorsement naming City as an additional insured, in a form satisfactory to City, and expressly providing that the interest of City shall not be affected by Contractor's breach of policy provisions. 9.2 Automobile Liability. Contractor shall maintain an automobile liability insurance ( policy with coverage of not less than $1,000,000 combined single limit per occurrence, with an aggregate of $1,000,000, for bodily injury, personal injury or property damage. The coverage shall include both hired and non-owned auto liability. The policy shall also contain an endorsement naming City as an additional insured, in a form satisfactory to City, and expressly providing that the interest of City shall not be affected by Contractor's breach of policy provisions. 10. Workers' Compensation Insurance. Unless Contractor is exempt, Contractor shall comply with the Oregon Workers' Compensation law by qualifying as a carrier-insured employer or as a self-insured employer and shall strictly comply with all other applicable provisions of such law. Contractor shall provide City with such assurances as City may Contract #2010-05412 - Page 13